Notice Period

C

CD-RW

Guest
A friend has been in her job for 9 months now(started May '07) and is proposing to leave.
In her contract it stated that there was the normal 6 months probationary period but this could be increased at the company's discretion. The 6 months was up at the end of October and nothing was said to her. But in her review in December they notified her that this probationary period would be extended until March.
Her contract states that she will have to give 4 weeks notice should she leave but she wants to know does she have to abide by this should since she is still in her probationary period ? If she does not have to abide what is a fair notice period to give to her employers ?
Also what are contributors views on the fact that the probationary period was extended in December '07 at a review after it had expired in October '07 when nothing was said?
Many thanks
CD-RW
 
Regarding the probationary period extension and no review with the employer in the prescribed time-scale or manner, this is a no no. In the absence of any adverse feedback, discussions, warning, letters, etc. the employer is in no position to extend her probationary period. What reasons, if any did they give for the extension?

If her contract says 4 weeks notice, then 4 weeks notice it is, unless there is an exclusion in the contract for probationers.

Outside of a contract, if she is paid weekly, with less than a year's service, then 1 week's notice is sufficient, if paid every 2 weeks, 2 week's notice IMHO.

There may be an argument for saying the employer has already breached the contract of employment by not following their own rules, but I'm not an expert.
 
Thanks for the reply Mathepac.
Reason for the extension was that she was not fulfilling her given objectives for the first 6 months but the person who was training her was not divulging a lot of information to her and saw her as some kind of threat. She said though that this was explained in the review.
 
How much notice does the company have to give her if they want to cease her employment while she is on probation? This is usually the amount of time that she is required to give to them. Standard is usually one weeks notice while on probation but this can differ from contract to contract.
 
Back
Top